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San Francisco Arts & Athletics, Inc. v. United States Olympic Committee | 483 U.S. 522 (1987)

The Amateur Sports Act of 1978 chartered the United States Olympic Committee as a private corporation. The act also gave the committee the exclusive right to use the word Olympic and authority to pursue civil action against others who used the word for certain commercial and promotional purposes without consent. But the committee faced constitutional challenges when it sought to enforce that right in San Francisco Arts and Athletics versus United States Olympic Committee.

In 1981, San Francisco Arts and Athletics advertised the Gay Olympic Games and sold merchandise bearing that name to pay for the event. The committee asked San Francisco to stop, but it persisted. So, the committee sued in federal district court seeking to enjoin San Francisco from using the word Olympic. San Francisco argued that the committee was a government actor and engaged in discrimination in violation of the Fifth Amendment’s equal-protection provision by enforcing the trademark against San Francisco, but not others who used the word Olympic. San Francisco also argued that the act violated its free-speech rights by granting trademark protection to the committee without requiring proof that others’ unauthorized use of the word Olympic would cause confusion.

The district court granted the injunction, and the Ninth Circuit affirmed. Thereafter, the United States Supreme Court granted cert.

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